Advocacy
The Railway Supply Institute is the railway supplier voice in Washington, DC and within the rail industry. The association works tirelessly to represent its membership. With access to decision makers in the United States Congress and the Obama Administration, RSI works with regulatory agencies, Congressional lawmakers and staff to promote rail supply industry interests.
Our major legislative interests in the 111th Congress include:
- Rail Capacity & Infrastructure Funding
- High Speed Rail and Fiscal Year (FY) 2010 DOT Appropriations
- Surface Transportation Bill (SAFETEA LU Reauthorization, High Speed Rail)
- Preserve Balanced Regulation / Antitrust
RSI often asks its members to contact their Members of Congress when your involvement can make a critical difference. The best ways to contact Congressional offices are by phone, fax and email.
Locate your member of Congress in the House of Representatives
Locate your member of Congress in the Senate
Rail Capacity & Infrastructure Funding
H.R. 1806, the Freight Rail Infrastructure Capacity Expansion Act of 2008
H.R. 1806 would provide a 25 percent tax credit for investments in new rail track, intermodal facilities, rail yards, locomotives or other rail infrastructure expansion projects. All businesses, including railroads, ports, shippers, trucking companies would be eligible for the credit. Examples of qualifying capacity-expanding investments include adding new track to existing right of ways; adding or extending new sidings or spurs to existing right of ways; constructing new intermodal or transload facilities; and new technology-based expansion, including signaling in dark territory. New locomotives would qualify only if they increased the total horsepower of a carrier's locomotive fleet. Finally, all freight rail infrastructure capital expenditures would be eligible for expensing treatment.
H.R. 1806 (47 cosponsors) was referred to the House Committee on Ways and Means
H.R. 1132 and S. 461, Short Line Tax Credit Extension
H.R. 1132 and S. 461 would extend the short line tax credit through December 31, 2012. Currently this credit creates an incentive for short line railroads to invest in track rehabilitation by providing a tax credit of 50 cents for every dollar the railroad spends on track improvements; however it is set to expire on December 31, 2009.
RSI Position: Legislation will continue to stimulate the economy, economic development and create new jobs. Potential Cost Benefit to Rail & Railway Suppliers would be nearly $500 million annually.
High Speed Rail and Fiscal Year (FY) 2010 DOT Appropriations
High Speed Rail
Earlier this year, Congress passed the American Recovery and Reinvestment Act (ARRA) in effort to move our nation toward economic recovery. ARRA provided $9.3 billion for high speed and intercity passenger rail which included $1.3 billion for Amtrak and $8 billion for the development of high speed rail. Additional funds have been approved by Congress in their version of FY 2010 DOT Appropriations with $2.5 billion designated for high speed rail and $1.56 billion for Amtrak. Finally, the House T & I Committee released its version of a Surface Transportation Bill which would provide $50 billion over six years for high speed rail corridors and the President has announced that he would also like to see $1 billion a year over five years in the federal budget for high speed rail. This massive infusion of capital money for high speed rail provides the potential for revitalizing the U.S. manufacturing sector if it is done in the correct way.
On January 28, 2010, President Obama announced the states that will receive the $8 billion in USDOT grants from ARRA funds in order to develop America's first nationwide program of high-speed intercity passenger rail service. The awards will serve as a down-payment on developing or laying the groundwork for 13 new, large-scale high-speed rail corridors across the country. The major corridors are part of a total of 31 states receiving investments, including smaller projects and planning work that will help lay the groundwork for future high-speed intercity rail service.
FY 2010 DOT Appropriations
Congress approved the following levels for these DOT programs in FY 2010:
- $2 million for grants to Amtrak and States for participation in the next generation corridor equipment pool committee
- $37.6 million for Railroad Research & Development
- $34.5 million for rail line relocation program
- $50 million for PTC grants
- $2.5 billion for additional high speed rail projects. Unlike the $8 billion in the February 2009 stimulus funding for HSR which do not require a local match, these funds are 80/20 match.
- Up to $50 million of these funds may be used for planning activities.
- Up to $50 million of these funds can be used by FRA for administrative and oversight purposes related to the HSR program.
- Up to $30 million of these HSR funds are available to FRA to conduct research and demonstrating technologies supporting the development of high-speed rail and the demonstration of next-generation rolling stock fleet technology and to fund the Rail Cooperative Research Program.
- No funding for the creation of a National Infrastructure Bank
- $1.56 billion for Amtrak - $563 million for operating grants and $1 billion for capital and debt service payment grants.
- $2 billion for FTA Capital Investment Grants (New Starts)
RSI POSITION: RSI supports full funding for Amtrak and High Speed Rail
Surface Transportatoin Bill (SAFETEA-LU REAUTHORIZATION - Truck Size and Weights, Grade Crossing Safety, High Speed Rail)
The 2005 "Safe, Accountable, Flexible, Efficient Transportation Equity Act-A Legacy for Users" (SAFETEA-LU), approved by Congress and signed by the President in August 2005, authorized $286.5 billion in federal investment for the highway, public transportation and highway safety programs from fiscal years (FY) 2004-09. The law expired on September 30, 2009. In December 2009, the House and Senate approved H.R. 3326, the Fiscal Year (FY) 2010 Defense appropriations bill which also included a further extension of core highway and transit programs through February 28, 2010. Funding under this extension is set at FY 2009 levels. This action was taken to enable Congress to continue consideration of a long-term surface transportation authorization bill or a further extension of existing programs.
Earlier in 2009, on June 24, 2009, the House T&I Subcommittee on Highways and Transit marked up their version of the Surface Transportation Authorization Act of 2009 which would reauthorize SAFETEA-LU. This bill would provide $500 billion in total transportation funding, with nearly $100 billion for public transportation and $50 billion for high-speed rail. In addition, the bill includes the following provisions of interest:
- Consolidates or terminates more than 75 programs, including a two year phase out of Section 130 funding for railroad highway grade crossings. The blueprint notes that states had obligated only "half of their highway-rail grade crossing funding," as of the end of FY 2008. It also cites a GAO report finding that "the rail-highway crossing set-aside program does not target a key safety priority of some states and provides significant funding to some crossing areas that have relatively few fatalities."
- Consolidates the projects of national and regional significance program, the national corridor program and the coordinated border infrastructure program into one discretionary program to include freight rail eligibility. Provides predictable funding through a multi-year full funding grant agreement. USDOT Secretary will conduct a national solicitation for project applications.
- Creates a National Infrastructure Bank under the U.S. Treasury Department. In addition, funding assistance for projects of national significance and for high speed rail would be provided through the bank.
- Establishes a Freight Improvement Program that will provide formula funding for freight highway projects, either on the national highway system or secondary freight routes.
- Continues the RRIF loan program and specifically authorizes direct loans to state and local governments and railroad carriers for installing positive train control systems.
- Reauthorizes the Rail Line Relocation Program.
- Reauthorizes the capital grants program for Class II and Class III railroads.
- Requires a study to determine the optimum separation requirements between locomotives and hazmat cars and directs DOT to develop regulations based on the results of the study.
- Directs the Secretary to undertake a report on the conditions and performance of the freight and intercity passenger rail system every four years, beginning with an initial report due on December 31, 2010.
- Establishes an Office of Intermodalism that will be required, among other responsibilities, to develop a National Transportation Strategic Plan. This office will also convene a Council on Intermodalism comprised of the various modal administrators.
- Does not address current truck size and weight limits.
Truck Size & Weights
Truck size and weight limits on federal highways have been frozen by Congress since 1991. Under current law, trucks operating on most of the U.S. Interstate Highway System can have a gross vehicle weight of no more than 80,000 pounds. Attempts to thaw the federal freeze have been rejected by Congress. The freight railroads and the trucking industry have agreed to oppose changes in federal law regarding truck size and weight through September 2009, the period when SAFETEA-LU is in effect. Some within the trucking industry have indicated that they will seek lifting existing TS & W limits when SAFETEA-LU is reauthorized.
H.R. 1618/S. 779, the Safe Highways and Infrastructure Preservation Act
H.R. 1618 (121 Cosponsors) and S. 779 (7 Cosponsors) would extend the present freeze on longer and heavier combination vehicles from the Interstate Highway System to the entire National Highway System. H.R. 1618 was referred to the House Committee on Transportation & Infrastructure where it is pending consideration. Its companion bill, S. 779, was referred to the Senate Committee on Environment & Public Works where it is also pending consideration.
RSI POSITION: RSI supports the Coalition Against Bigger Trucks and is opposed to any increases in truck sizes and weights.
Grade Crossing Safety
Since 1973 Congress has provided dedicated funding for states to implement safety improvement projects at highway-rail grade crossings. Such improvements include flashing lights, gates, or other warning devices, and upgraded surfacing material. This funding has been a part of every surface transportation act since 1973 and, at the urging of RSI, was continued in SAFETEA-LU at $220 million per fiscal year. SAFETEA-LU also provided funding for Operation Lifesaver, Inc., the national nonprofit organization dedicated to educating the public on the dangers of highway-rail grade crossings.
H.R. 2125/S. 791, the Surface Transportation Safety Act
H.R. 2125 (11 cosponsors) and S. 791 would extend the longstanding and successful Section 130 highway rail grade crossing program and enhance project prioritization requirements. Currently, Section 130 authorizes $220 million per year for the installation of new active warning devices, upgrading existing devices, and replacing or improving grade crossing surfaces. Without a budgetary set-aside like the Section 130 program, grade crossing needs would fare poorly in competition with more traditional highway needs (such as highway construction and maintenance). A primary reason for the creation of the Section 130 program is that highway safety, especially grade crossing safety, traditionally received low funding priority. If incorporated in the next federal-aid highway authorization legislation (SAFETEA-LU reauthorization), the provisions of H.R. 2125 would solidify the nation's highway safety gains and prevent the Section 130 from disappearing.
H.R. 2125 was referred to the House Committee on Transportation & Infrastructure where it is pending consideration. Its companion bill, S. 791, was referred to the Senate Committee on Environment & Public Works where it is also pending consideration.
Click here for a letter to your Member of Congress in support of the Section 130 program.
RSI POSITION: RSI supports continued dedicated funding for grade crossing safety projects and works closely with states to ensure that they obligate all of the available funding for this purpose. RSI also works closely with and supports the activities of Operation Lifesaver.
Preserve Balanced Regulation / Antitrust
In December, the Senate Commerce Committee approved S. 2889, a bill that would reauthorize the Surface Transportation Board for the first time since its inception and give the Board a greater role in regulating freight rail rates and authorize up to $256 million in the next five fiscal years for the Board's operations. In addition, the bill would require major railroads to "bottleneck" rates; set standards for reciprocal switching and terminal access rates; create a process for parties to challenge paper barriers; and increase STB scrutiny of future railroad mergers for competitive, service and environmental effects. In addition, the bill proposes to strengthen the STB's oversight of the rail industry by updating rail transportation policy, providing the board independent investigative authority and creating a rail customer advocate to help resolve shipper's concerns. The legislation also would improve rate complaint processes, require railroads to provide service standards to shippers, mandate that the STB review current class exemptions for unregulated railroad traffic and set lower fees for filing complaints with the board.
The big question now is how the Commerce bill will be merged with S. 146, a bill reported by the Senate Judiciary Committee earlier this year that would take away key parts of the STB's jurisdiction and give the authority to investigate potential antitrust law violations by the railroads to the Justice Department, the Federal Trade Commission and the federal courts. Senator Rockefeller, the sponsor of S. 2889 promised Senator Kohl, the sponsor of S. 146, that he would include portions of his bill into the STB Reauthorization bill. However, merging the two bills from different committees is the job of the Senate Majority Leader and Majority Leader Reid has a lot on his plate right now and it is not clear when the STB bill will make it to the Senate floor.
H.R. 233/S. 146, the Railroad Antitrust Enforcement Act
H.R. 233 and S. 146 would repeal limited antitrust exemptions provided for freight railroads. The bills would allow the federal government, States and private parties to file suit to enjoin anti-competitive mergers and acquisitions. The bills would also move the review of mergers to the Justice Department's Antitrust Division and to the Federal Trade Commission.
H.R. 233 (16 cosponsors) was referred to the House Committee on Judiciary and T & I. On July 30, 2009, the House Judiciary Subcommittee on Courts and Competition Policy approved H.R. 233 and now awaits action by the full House Committee on Judiciary.
S. 146 (11 cosponsors) was reported out of the Senate Committee on Judiciary. However, the Senate Commerce and Judiciary Committees intend to work together on comprehensive rail competition legislation.